Adoption and Protection of Minors: The Court of Cassation Rules on Judgment No. 23731 of 2024
The judgment No. 23731 of 2024 by the Court of Cassation has raised fundamental questions regarding the protection of unaccompanied foreign minors (UFM) and the role of consular authorities within the Italian legal system. In this article, we will analyze the key points of the decision and its implications for the protection of minors.
The Context of the Case
The controversy originated from a proceeding initiated at the Juvenile Court of Catania, which dealt with the situation of a Ukrainian minor, C.C., initially considered an UFM. The Court's decision, which declared the participation of the Ukrainian Consul in the appointment of an international guardian inadmissible, highlighted the complexities of the existing legislation and international conventions.
In terms of proceedings for the adoption of protective measures for unaccompanied foreign minors, the Consul of the minor's country of origin performs a consular function as provided by the Vienna Convention of 1963.
The Arguments of the Court of Cassation
The Court accepted the first two grounds of appeal from the Consul, stating that the intervention of the Consul General did not alter the nature of the proceeding, and that its legitimacy was in line with the functions attributed to him by the Vienna Convention. These provisions highlight the importance of cooperation between states in ensuring the protection of minors. Furthermore, the Court clarified that protective measures adopted by a Contracting State must be automatically recognized by other Member States, as established by Article 23 of the Hague Convention of 1996.
Implications for the Protection of Minors
This order represents a significant step in defining the responsibilities of consular authorities and in the protection of foreign minors. The decision emphasizes the need to ensure that unaccompanied minors are not considered as such if there are already protective measures in place by the competent authorities of their country of origin.
- Clarity on the role of the Consul in the protection of minors.
- Automatic recognition of international protection measures.
- Importance of cooperation between States for the protection of minors' rights.
